'Actavis' and Reverse-Payments Suits in the Third Circuit After Five Years
For over 20 years, purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and ranked as one of the Federal Trade Commission's top enforcement priorities, with private plaintiffs and the FTC alike claiming such agreements have cost consumers millions of dollars by keeping generic drugs off the market.
July 27, 2018 at 04:43 PM
2 minute read
FTC v. Actavis, Actavis Actavis Actavis |
The Rule of Reason Applies to Reverse-Payment Settlements
Actavis In re K‑Dur Antitrust Litigation prima facie Actavis Actavis Actavis K-Dur |
Noncash Settlements Can Be Reverse Payments
Actavis King Drug of Florence v. Smithkline Beecham Actavis |
Requirements for Pleading a 'Large' and 'Unjustified' Payment
Twombly In re Lipitor Antitrust Litigation/In re Effexor Antitrust Litigation In re Lipitor/In re Effexor Actavis Twombly |
Establishing Antitrust Standing
In re Wellbutrin XL Antitrust Litigation Wellbutrin Wellbutrin |
Many Important Questions Remain
Actavis In re Lipitor/In re Effexor Actavis Carl W. Hittinger is a senior partner in Baker & Hostetler's antitrust group and litigation group coordinator for the firm's Philadelphia office. He concentrates his practice on complex commercial and civil rights trial and appellate litigation, with a particular emphasis on antitrust and unfair competition matters, including class actions. His experience also includes a judicial clerkship with Chief Judge Emeritus Louis C. Bechtle of the U.S. District Court for the Eastern District of Pennsylvania. He can be reached at 215-564-2898 or [email protected]. Jeffry W. Duffy is a partner in the firm's litigation group in Philadelphia. He concentrates his practice on antitrust and unfair competition matters, complex commercial disputes, insurance and reinsurance coverage, and civil rights litigation. He previously served as a U.S. diplomat in Japan, Singapore and Haiti. He can be reached at 215-564-2916 or [email protected].
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